Fifth Judicial District - Department of Correctional Services

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TITLE: Probation Discharge

POLICY

The supervising officer shall file a request for the offender to be discharged from supervision when the delivery of services is no longer needed to protect the community and the offender has received maximum benefits from supervision, or upon expiration of the offender's term of supervision.

PROCEDURE

  1. Early discharge criteria for deferred and suspended sentences:
    1. The supervising officer shall annually review each offender on their caseload to identify those offenders who are eligible for discharge. The results of each review shall be recorded in the Generic Notes for each offender.
    2. The following criteria shall be utilized to determine when maximum benefits have been achieved and the offender is eligible for early discharge:
      1. When all financial obligations are paid in full.
      2. When determined by the supervising officer and Supervisor that the delivery of services is no longer needed to protect the public and the offender has reached maximum benefits, usually half (½) the term of supervision.
        1. If the offender is a transfer from another district, please consult with the sending officer to determine the offender's eligibility requirements for early discharge.
      3. Consideration for determining early discharge:
        1. Current offense.
        2. Level of supervision (risk to public).
        3. Treatment performance (offender's criminogenic needs met?).
        4. New arrests or convictions? (history).
        5. All court ordered and/or District imposed conditions have been satisfied.
        6. The supervising officer's impressions (the supervising officer does not identify a further need for continued supervision and/or monitoring).
        7. Input from the victim/victims of the offenses .
      4. The Supervisor may approve exceptions to the above criteria, when documentation is provided in the case file by the supervising officer.
      5. If special circumstances exist, which include but are not limited to death, deportation, incarceration, or severe medical problems where the offender cannot benefit substantially from supervision.
    3. Exceptions to early discharge are offenders convicted of sexual abuse with a child (Code section: 709.3, 709.4, 709.8).
  2. Offenders who have reached their maximum discharge/expiration date set by the Court:
    1. The supervising officer shall initiate revocation proceedings if the offender has failed to meet the conditions of probation, but at least sixty (60) days prior to their discharge date.
    2. The supervising officer may request an extension of supervision, if deemed appropriate, depending on the charge type.
        1. The maximum probation period for misdemeanor cases is two (2) years except for offenses which occurred after July 1, 2010 in which the maximum probation period is three (3) years.
        2. The maximum probation period for felony cases is five (5) years except for offenses which occurred after July 1, 2010 in which the maximum probation period is six (6) years.
    3. Offenders who are listed as absconded at the time of their discharge date will be continued on supervision until their apprehension. If the offender remains an absconder for three years following their scheduled discharge date, the supervising officer shall complete an Absconder Discharge form and deliver it to the Court.
  3. Submitting field discharge reports.
    1. Discharge requests shall be submitted to the supervisor thirty (30) days prior to the offender's scheduled discharge date.
    2. NCIC is run to verify the offender has not been arrested during his/her supervision period.
    3. The supervising officer will complete an Order of Discharge form.
    4. The supervising officer will complete a field discharge report in ICON (See ICON Business Rules).
      1. The supervising officer will write a brief summary of the events that occurred while the offender was on supervision.
      2. The supervising officer will document all court ordered and District imposed conditions that were satisfied or how the unavailability of community resources affected the outcome of the supervision.
      3. The supervising officer will document all financial obligations owed and paid.
      4. The supervising officer will submit his/her impressions of the reasons for success or failure of the supervision.
      5. These reports may provide guidance for conduct of future cases.
    5. The supervising officer will forward the discharge report to the Supervisor for his/her review, approval and signature.
    6. The supervising officer will determine if victim notification is warranted.
    7. The supervising officer will forward the Discharge Report and Order of Discharge to the Court for the Judge's approval and signature.
  4. When the supervising officer receives the signed Order of Discharge:
    1. The supervising officer shall provide the offender with a copy of the signed final discharge with a link to information regarding restoration of citizenship rights (to vote and hold public office).
      1. Restoration of citizenship rights (to vote and hold public office) does not include any right to own, carry, or possess firearms. Application may be made for restoration of firearms rights and a pardon by following the link: http://www.governor.iowa.gov/index.php/constituents services/clemency and restoration of rights
    2. The supervising officer shall give the offender signed originals of the Order of Discharge and the Discharge Report.
    3. The supervising officer will update all ICON data and close all of the ICON Interventions.
    4. A Generic Note shall be completed in ICON to reflect that the offender has been discharged.
    5. The supervising officer will give the case file to the support staff to close and file away.
  5. Other types of discharges (each discharge will require a field Discharge Report):
    1. An Incarceration Discharge form may be filed with the Court when the offender has been sentenced to prison in another criminal case.
      1. The supervising officer shall provide the Court the sentencing order in the new criminal conviction case to inform the Court of the sentence the offender has received.
      2. The supervising officer shall complete a Field Discharge Report detailing the new convicting charge and sentence which should include the institution he/she is confined at.
    2. A Death Discharge form may be filed with the Court when the offender has died while under supervision.
      1. The supervising officer shall provide the Court with the Death Certificate or obituary detailing the events of the offender's death.
      2. The supervising officer shall complete a Field Discharge Report detailing the events of the death.
    3. A Deportation Discharge form may be filed with the Court when an offender has been deported from the United States.
      1. The supervising officer will verify that the offender has been deported, through the Immigration and Naturalization Services (INS) office in Des Moines.
      2. The supervising officer shall complete a Field Discharge Report detailing when and where the offender was deported.

NOTE: An offender convicted of a felony has lost his/her right, under federal and state law, to bear a firearm. However, those offenders being supervised after being granted a deferred judgment have lost their right to bear a firearm only while under probation supervision. An offender who was granted a deferred judgment on a felony charge and whose record was subsequently expunged, will not lose the right to bear arms once he/she is discharged from probation. Persons convicted of aggravated misdemeanors after July 1, 1986, have not lost their right to bear a firearm under state and federal law unless the offense involved the use of a firearm or explosive devise. Supervisors shall be consulted by the supervising officer in questionable cases.

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